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POLITY DOUBT

Does the Word *state* in indian constitution include Union territory?
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Comments

  • edited March 12

    Does the Word *state* in indian constitution include Union territory? Viz a viz a broader term territory in article one includes = state +union territory

    @Eiago
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  • regarding your doubt :

    According to Article 12 of the Constitution of India, the term 'State' can be used to denote the union and state governments, the Parliament and state legislatures and all local or other authorities within the territory of India or under the control of the Indian government.

    somehow i feel you are asking a different Qs, which is are full fledged state and UT different?? answer is yes. UT are described specifically in different section of our constitution. but suppose if i were to file a case against admin of a UT, it would be part of a state, even PSU are counted as state in judicial matters. there is clear cut explaination on this in laxmikanth...you might want to revisit that.

    correct me if im wrong :#
    ·
  • PART I
    THE UNION AND ITS TERRITORY
    1. Name and territory of the Union.—(1) India, that is Bharat, shall be
    a Union of States.
    (2) The States and the territories thereof shall be as specified in the First
    Schedule.
    (3) The territory of India shall comprise—
    (a) the territories of the States;
    (b) the Union territories specified in the First Schedule; and
    (c) such other territories as may be acquired.
    2. Admission or establishment of new States.—Parliament may by law
    admit into the Union, or establish, new States on such terms and conditions as it
    thinks fit.
    2A. [Sikkim to be associated with the Union.] Rep. by the Constitution
    (Thirty- sixth Amendment) Act, 1975, s. 5 (w.e.f. 26-4-1975).
    3. Formation of new States and alteration of areas, boundaries or
    names of existing States.—Parliament may by law—
    (a)form a new State by separation of territory from any State or by
    uniting two or more States or parts of States or by uniting any territory to
    a part of any State;
    (b) increase the area of any State;
    (c) diminish the area of any State;
    (d) alter the boundaries of any State;
    (e) alter the name of any State:
    Provided that no Bill for the purpose shall be introduced in either House
    of Parliament except on the recommendation of the President and unless, where
    the proposal contained in the Bill affects the area, boundaries or name of any of
    the States, the Bill has been referred by the President to the Legislature of that
    State for expressing its views thereon within such period as may be specified in
    the reference or within such further period as the President may allow and the
    period so specified or allowed has expired.
    2
    3 THE CONSTITUTION OF INDIA
    Explanation I.—

    In this article, in clauses (a) to (e), “State” includes a
    Union territory, but in the proviso, “State” does not include a Union territory.

    Explanation II.—The power conferred on Parliament by clause (a)
    includes the power to form a new State or Union territory by uniting a part of
    any State or Union territory to any other State or Union territory.
    4. Laws made under articles 2 and 3 to provide for the amendment
    of the First and the Fourth Schedules and supplemental, incidental and
    consequential matters.—(1) Any law referred to in article 2 or article 3 shall
    contain such provisions for the amendment of the First Schedule and the Fourth
    Schedule as may be necessary to give effect to the provisions of the law and
    may also contain such supplemental, incidental and consequential provisions
    (including provisions as to representation in Parliament and in the Legislature
    or Legislatures of the State or States affected by such law) as Parliament may
    deem necessary.
    (2) No such law as aforesaid shall be deemed to be an amendment of this
    Constitution for the purposes of article 368.
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  • if you don't understand above mentioned text please feel free to ask
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  • Eiago said:

    regarding your doubt :

    According to Article 12 of the Constitution of India, the term 'State' can be used to denote the union and state governments, the Parliament and state legislatures and all local or other authorities within the territory of India or under the control of the Indian government.

    somehow i feel you are asking a different Qs, which is are full fledged state and UT different?? answer is yes. UT are described specifically in different section of our constitution. but suppose if i were to file a case against admin of a UT, it would be part of a state, even PSU are counted as state in judicial matters. there is clear cut explaination on this in laxmikanth...you might want to revisit that.

    correct me if im wrong :#

    @Karz the term state includes all these institutions but does that encompass a union territory because union territory is mentioned explicitly in article 1 of constitution but not directly mentioned in article 12 of constitution.
    ·
  • edited March 12



    Eiago said:

    regarding your doubt :

    According to Article 12 of the Constitution of India, the term 'State' can be used to denote the union and state governments, the Parliament and state legislatures and all local or other authorities within the territory of India or under the control of the Indian government.

    somehow i feel you are asking a different Qs, which is are full fledged state and UT different?? answer is yes. UT are described specifically in different section of our constitution. but suppose if i were to file a case against admin of a UT, it would be part of a state, even PSU are counted as state in judicial matters. there is clear cut explaination on this in laxmikanth...you might want to revisit that.

    correct me if im wrong :#

    @Karz the term state includes all these institutions but does that encompass a union territory because union territory is mentioned explicitly in article 1 of constitution but not directly mentioned in article 12 of constitution.
    Definitely! state under article 12 encompasses union territory also.
    I thought you had confusion about part 1.
    ·
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